A Toronto police officer will not go to trial on a rare charge of second-degree murder in the shooting death of a 26-year-old man.

Const. David Cavanagh was charged in the death of Eric Osawe in 2010, which the police union said was the first time in the force’s history an officer was charged with murder for an on-the-job incident.

Police officers flooded the neighbourhood around Morningside Avenue and Danzig Street after a shooting at a backyard barbecue claimed the lives of a teenage girl and a man in his twenties. Nineteen others were injured in the incident, which Toronto Police Chief Bill Blair called the worst shooting in the city's history. July 17, 2012.
The Globe and Mail

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At the end of a preliminary inquiry today, one of Cavanagh’s lawyers says the judge decided there was insufficient evidence to commit Cavanagh to trial and entered a discharge.

Lawyer Lawrence Gridin says it’s the end of the legal process for Cavanagh, unless the Crown decides to appeal.

Gridin, who worked on the case with lead counsel Peter Brauti, says Cavanagh is relieved with the judge’s decision.

The Emergency Task Force and guns and gangs unit were searching an apartment in Toronto’s west end on Sept. 29, 2010, and the province’s Special Investigations Unit alleged that’s when Cavanagh shot Osawe.